The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.

JUDGMENT

Sumeet Goel, J.

By way of instant order, this Court is proceeding to decide the application (CRM-21064-2024) filed by the applicant-appellant for staying the judgment of conviction/suspending the conviction.

2. Vide judgment dated 07.06.2023 passed by Additional Sessions Judge, Special Court, Kaithal, Haryana; the applicant-appellant was convicted for offences punishable under Sections 376(2) (n)/506/201 of IPC and Section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Further, the applicant-appellant was extended the benefit of doubt qua offences under Section 328 of IPC and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and was accordingly acquitted of the said charges. Thereafter, vide order of sentence dated 07.06.2023, the applicantappellant was awarded the following sentence(s):-

3. The applicant-appellant had filed appeal (CRA-S-1736-2023) before this Court on or about 12.06.2023 impugning the judgment of conviction as also order of sentence passed on 07.06.2023 by the trial Court. Vide order dated 26.02.2024 passed by this Court, the applicant-appellant was extended the concession of suspension of his remaining sentence & he was accordingly directed to be released on bail during the pendency of the appeal. By way of application in question (CRM-21064- 2024), the applicant-appellant has sought for staying the impugned judgment of conviction passed by Additional Sessions Judge, Special Court Kaithal, Haryana/suspending his conviction.

4. Learned counsel for the applicant-appellant has argued that the appeal is pending admitted before this Court and is not likely to be decided in the near future, the applicant-appellant has a very good case in his favour and the appeal is likely to succeed on merits thereof, the applicant-appellant is suffering on account of impugned judgment of conviction and he has been dismissed from his Government service vide order dated 14.06.2023 passed by the office of Director General of Prisons, Haryana. Learned counsel for the applicant-appellant has further argued that once the applicant-appellant has been extended the concession of suspension of sentence and has been released on bail, it is implicit that the judgment of conviction ought to be stayed.

5. Per Contra, learned State counsel has argued that the applicant-appellant, who was a police official, had committed the heinous offence of rape upon the victim belonging to the Scheduled Caste(s) & the trial Court has rightly convicted him in view of the overwhelming evidence available on record. Learned State counsel has further argued that the suspension of sentence accorded to the applicant-appellant is